SR-05-24-1983-14A
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Council Offlce KE:cls
Council Meetlng of May 24, 1983
TO:
FROM:
SUBJECT:
City Council Members
Mayor Ken Edwards
Sale of Flowers at Farmer's Market
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Santa Monica, Callfornia LJl/6
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It 1S requested that Councll d1SCUSS the concern expressed by local
florists about the sale of flowers at the Farmer's Market.
Attachments Letter fro~ Chamber of Commerce
letter from Council Member Christ1ne Reed
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May 4, 1983
Honorable Ken Edwards, Mayor
City of Santa Monica
Ci ty Hall
1685 Main Street
Santa Monica, CA 90401
Dear Ken:
The Chamber of Commerce has received many complaints from local
florists that out-of-the-area suppliers are participating at the
weekly Farmers Market and providing product for less cost than what
our own Santa Monica florists actually pay for their flowers at
wholesale prices.
Obviously, these outsiders also do not have the overhead such as
business license fees, retail sales taxes, local rent, employees'
salaries, or individual time and financial donations that our local
florists contribute to our community.
Approximately six months ago, an Ice Cream Street Vendor appeared
on Main Street and attempted to sell his product in direct compet-
ition with an established local merchant that makes significant
contributions to our community, i.e., taxes, local rent, employee
salaries, as well as donated time and money to worthwhile causes
in our community. The City Was most supportive in terminating
the Vendorts business license as dictated in the local ordinances.
On behalf of all of the Santa Monica florists who are facing ser-
ious hardship and loss of long-term customers due to unfair
competition by Farmers Market flower or florist suppliers, we
request that you take immediate action to protect our local merchants
firs t and remove the business licenses from those that "only take
from our community".
Ken, our local Florists desperately need the help of the City
Council and Staff on this matter. Please give this immediate
attention.
.
President
embers of the City Council, Chamber of Commerce Executive Committee,
Local Florists
ACC"EDITEO
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SC)rv,ng t"e S<jC1ta Monica Bay Area _ 1460 Fourth Strset. Santa Mon,ca Cal'Torn<a 90.1.01 . (2' 3i 393-9825
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SIXTEEN EiGHTY FIVE MAIN STREET
SANTA MONICA CALIFORNIA 90401
May 16, 1983
Jerry Jackson
Executive Vice Presldent
Santa Monica Chamber of Commerce
1460 Fourth Street
Santa Monica, Ca 90401
Dear Jerry:
Chrl5!lIle E Heed
CouncIl \1ember
Thank you for the copy of your letter to Ken regarding the flower and
plant sales at the Farmers Market. I made the same complalnt to the
Clty Manager more than six months ago. and was told that "all agri-
cultural products" could be sold at the Farmers Market.
Perhaps we need to change our rules. I share your view that a conflict
exists. I have discussed this with Ken and suggested that he respond
to your request by putting the matter on the agenda for discussion
at a council meeting.
Best Regards,
f1L(
j CHRISTINE E. REED
I COUNCIL MEMBER
CER:sk
cc: Mayor Ken Edwards,
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AGREEMENT
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THIS AGREEMENT, entered into this 15t.h day of November,
1982, by and bet.~en t.he CITY OP SANTA MONICA, a municipal
corporation (hereinafter referred to as "City") and Lawrence
Larson, whose address is 543 Lincoln Boulevard, Santa Monica, CA
90402, (california) (hereinafter referred ~ as "Cont.ractor"), is
made wi th reference to the followings
R E C I If A L Ss
A. The City is a municipal corporat.ion duly organized
and validly existing under the Jaws of the State of California
wi th the power to carryon it business as it. 1s now being
conducted under the Statutes of the Sta~e of California and the
Charter of the City.
B. The City and Contractor desire to enter into an '-,_
Agreement whereby Contractor will aSSUMe the overall
responsibility for organizing the Farmers Market. which t.he Cit.y
intends to open in 1983 on t.he terms and conditions herein.
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c. The services 1:0 be performed by the Contractor are
to be conducted pursuant to the Community Dev~lopment Block ~rant
Program as a neighborhood revitalization program that will
substantially benefit low-and moderate income persons.
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NOW, THEREFORE, i~ is mutually agreed by and between the
undersigned parties as fOllowsl
1. TERM.
The term of this Agreement shall be in two phases commencing
on the 15th day 0 f November 6 1982, and t.erminating on the 10th
day of December, 1982 and commencing on the 10th day of January,
1983 and t.erminat.ing on 'the 29th day of May, 1983 unless
terminated earlier as set fOrth herein.
2. .SERVICES TO BE PERFORMED BY CONTR;ACTOR.
Contractor shall perform t.he following Bervicesl
A. Direct and coordinate all preparatory activities
necessary to establish a successful Farmers Market which
include but are not limited to t.he following,
- Communication with Southland Farmers Market
Association and California Department of Food and
AgriCUlture in market planning.
- Recruiting community members from the surrounding
area to help in the market planning process.
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- Producing pubf;city material to draw community
members to Market opening. All publicity material to
be produced in spaniSh as well as english.
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- Negot.iating with local retail stores, churches, or
Department. 0 f Recreation and Parks to aecure a market
si te.
Preparat.ion of weekly status reports on work
accomplished ~ date.
- Preparation of publici~y releases.
- Organization of opening day events.
B. Coordinate all aetivities with the Community Liaison
Offieer of the City.
3. COMPENSATION TO CONTRACTOR.
Contractor shall be paid for services pursuant to this
Agreement as follows:
A. The Ci ty agrees to pay the Co~tractor ten doll ars
($10) per hour for all services required herein, which
includes mileage and telephone expenses. The hours billed
during toth phases of the terms of this Agreement will not
exceed 440 and the total amount to be paid by Cit.y shall not
exceed Four Thousand Fbu~ Hundred Dollars ($4,400).
B. Beginning November 15, 1982, the Contractor will
submit a bi-weekly invoice it.emizing dates and rours '<<)rked
during t.he billing period. Payments will be made within
seven (7) days of receipt of t.he invoice.
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4. CHANGES. The ci ty may, from time to time, require
changes in the scope of services of the Contractor to be
performed bereun~er. Such changes, which are mutually agreed
upon by and between the City and the Cont.ractor. ahall be
incorporated in written amendment 1:0 ~hi. Agreement.
5. SERVICES AND MATERIALS TO BE FURNISHED BY CITY..
The City shall cooperat.e with t.he COntractor in carrying out.
the work herein and shall provide adequate staff for l1aison
between the Contractor and other agencies of t.he City government.
Expenses for publicity posters, mailings and pres. releases shall
be paid by the City subject to prior approval of the Cormnunit.y
Liaison, but in no event shall exceed $4,000.
6. NOTICES.
All notices, demands, requests, or approvals ~ be given
under t.his Agreement., shall be given in writing and conclusively
shall be deemed served when delivered personally or on the second
business day aft.er the deposit. thereof in the United States Mail,
postage prepaid, registered, or certified, addressed as
hereinafter provided.
All noticea, demands,-requests, or approval. from COntractor
~o Cit.y shall be addressed to City at:
Santa Monica City Ball
1685 Main Street
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San~a Monica, California 90401
At.t.entionl Vivian Rot.hstein, COmmunit.y Liaison
All -not.ices, demands, requests, or approvals from City to
Contractor shalJ be addressed bo OOnt.racbor at.1
Lawrence Larson
543 Lincoln Boulevard
Santa Monica, CA 90402
7. INDEPENDENT CONTRACTOR.
Both part.ies hereto in the performance of this Agreement.
wi 11 be act.ing in an independent. capaci t.y and not a8 agents,
empJoyees, partners, or joint. venturers of one another.
Neither the City nor its officers or employees ahall have
any control over the conduct of contractor or any of Contractor's
employees, except a8 herein 8et forth.
B. Im'EGRATED CONTRACT.
~his Agreement represents the full and complete
underst.anding of every kind of nat.ure what.soever be~ween the
parties hereto and all pr~liminary negotiation. and a9re~ent8 of
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whatsoever kind or nature are merged herein. No verbal agreement
or implied covenant. shall be held to vary t.he provisions hereof.
Any modification of this Agreement ~ll be effective only by
written execution signed by both City ane! Contractor.
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9. COST OF LITIGATION.
If any legal act.ion is necessary to enforce any provision
hereof or for ~amage. by reason of an alleged breach of any
provisions of this Agreement. the prevailing party shall be
entitled to receive from the losing par~y all costs and expenses
and such amount as the court may adjudge ~ be reasonable
attorney's fees for t.he cost.s incurred by the prevailing party in
such action or proceeding.
10. HOLD HARMLESS.
COntractor shall idemnify and hold harmless City. its boards
and commissions, officers, agent.s, and employees from and against.
any and all 10s8, damages, liability, claims, suits, costs and
expenses, whatsoever, including reasonable attorneys' fees,
regardless of the merit or outcome of any such claim or suit,
arising from or in any manner connected to ~he services or work
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conducted pursuant to this Agreement.
Contractor shall idemnify. defend and save harmless the
City, its boards and commissions. officers, agents and employees
from and against any and all claims and 1088es whatsoever,
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inCluding reasonable attorney.. fees. accruing or resulting ~
any and all persons, firms or corporations furnishing or
supplying work, services, materia)., equipmen~ or supplies in
connection with services or work conducted or performed pursuant
to the Agreement and arising out of such activities or work, and
from any and all claims and 108se9 wha~80ever, including
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reasonable attorneys' fees, accruing or resulting ~ any person,
firm or corporation fOr damage, injury or dea~h arising out of
Contractor's operations.
11. PROHIBITION AGAINST TRANSFER.
Contractor ahall not assign, sublease, hypothecate, or
transfer this Agreement or any interest therein directly or
-indirect.ly, by operat.ion of law or otherwise wit.bout t.he prior
written consent of the City: any attempt to do 80 without said
consent shall be null and void, and any assignee, sublessee,
hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any
of t.he issued and outstanding capit.al stock of Contractor, or of
the interest of any general partner or joint venturer or
syndicat.e member or co-t.enant if Contractor 18 a partnership or
joint venturer or syndicate or eo-tenancy, which shall result in
Changing the control of Contractor, shall be const.rued aa an
assignment of t.his Agreement. Control means fift.y (50) percent
of more of t.he vot.ing power of t.he eorporation.
12.. TERMINATION.
In the event Contractor hereto fails or refuses to perform
any of t.he provisions hereof at. the time and in t.he manner
required hereunder, Contractor shall be deemed in fault. in the
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performance of t.his Agreement. If such default is not. cured
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wi thin a period of two (2) days after receipt by Contractor from
City of written notice of default, 8pecifying the nature of such
defaul~ and the step. necessary to cure 8uch default, Ci~y may
terminate the agreement forthwith by giving ~ the Contractor
written notice thereof.
The City shall have the option, at it. sole discretion, of
terminating this Agreement by giving five (5) days written notice
to Contractor as provided herein. Upon termination of this
Agreement, each party shall pay ~ the other party that portion
of compensation specified above earned ~ Contractor and unpaid
by City prior to the effective date of termination.
13. COUNTERPARTS.
This Agreement may be executed in several counterparts. each
of which is an original, and all of which 1:oget.her const.it.ute one
and the same document.
14. PERMITS AND LICENSES.
COntractor shall obtain and maintain during the term of this
agreement, all appropriate licenses, permits, and certificates
-that may be required in connection with contractor's ~rkor made
necessary by its operations. Contractor agrees to pay all costs
incurred by the li~ense8, permite, and certificAtes requirements.
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15. WAIVERS.
A waiver toy the City or any breach of any term, covenant, or
condition contained herein shall not be deemed to be a waiver of
any subsequent. breach of the same or any ot.her t.erm, covenant., or
condition cont.ained herein whether of the same or a different
character.
6. ~NDISCRI.MINATION CLAUSES.
A. Nondiscrimination In Services.
Contractor shall not discriminate in the provision of
services hereunder because of race, color, religion,
national origin, ancestry, sex, age, or condition of
physical or mental handicap (as defined in 41 CPR 607-41) in
accordance with requirements of Federal law. For the
purpose of this paragraph, di.crimination in tbe provision
of services may include, but. 18 not limit.ed to t.he
following'
(a) denying any person any aervice, or benefit or the
availability of a facility,
(b) providing riny aervice, or benefit to any person
which is not equivalent, or is a non-equivalent manner
or at a non-equivalent. time, from that provided 1:0
others:
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(c) subjecting any person to segregation or separate
treatment in any manner related ~ the receipt of any
service,
(d) restricting any person in any way in the enjoyment
of any advantage or privilege enjoyed by others
receiving any service or benefit, and
(e) treating any person differently from others in
determining admission, enrollment quota, eligibility,
membership, or any other requirement or condl tion which
persons must meet in order to be provided any service
or benefit..
Contractor shall take affirmative action to ensure that
intended beneficiaries of this Agreement are provided
services wit.hout regard to race, color* religion, national
origin, ancestry, sex, age, or condition of physical or
mental handicap.
Contractor shall further establish and maintain written
procedures under which any person, applying for or receiving
services hereunder, may seek resolution from COntra~tor of a
complaint with respect to any alleged discrimination in the
provision of services by Cbntrac~r's personnel.
At the time any person applies fOr services under this
Agreement, he or she shall be advised by Contractor of t.hes.
procedures. A copy of such procedures shall be posted by
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Contractor in a conspicuous place, available and open to the
public, in each of COntractor'. facilities where services
are provided hereunder.
B. Nondiscrimination In Employment.
1. Contractor certifies and agrees that it will not
discriminate against any employee or applicant for
employment because of race, color, religion, national
origin, ancestry, sex, age, or condition of physical or
mental handicap (as defined in 41 CPR 60-741), in accordance
with requirement of Federal law. Contractor shall take
affirmative action to ensure that qualified applicants are
employed, and that employees are treated during employment
without regard to race, color, religion, national origin,
ancestry, sex, age, or condition of physical or mental
handicap, in accordance with requirements of St.at.e and
Federal law. Such ahall inClUde, but not be limit.ed to, the
following:
(a) employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or
termination, rates of payor ot.her forms of
compensation; and
(b) selection for training, inCluding apprenticeship.
COntractor agrees to post in conspicuous places in each
Contractor'. facilities providing services hereunder,
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available and open ~ employees and applicants for
employment, notices setting forth the provisions of this
non-discrimination clause.
2. Contractor shall, in all solicitations or
advertisements for employees placed by or on behalf of
Contractor, state that all qualified applicants will receive
oonsideration fOr employment without re9ar~ to race, color,
religion, national origin, ancestry. aex, age, or condition
of physical or mental han~icap. in accordance with
requirements of Federal law.
3. Contractor shall Bend to eaeh labor union or
representative of worker. with Which it has a collective
bargaining agreement or other contract or understanding a
notice advising the labor union of workers' representative
of Contractor-. commitments under thie paragraph.
4. Contractor certifies and agrees that it will deal
with its subcontractors. bidders, or vendors without regard
to race, color, religion, national origin. ancestry, 8ex,
age, or condition of physical or mental handicap, in
accordance with requirement of Federal law.
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5. In accordance with applicable State law, COntractor
shall allow County, State, and Pederal representatives, duly
authorized by Director, access ~ its employment records
during regular business hours in order ~ verify compliance
with the anti-discrimination provisions of this paragraph.
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Contractor shall provide such other information and records
as such repr.esentatives may require in order to verify
compliance with the anti-discrimination provisions of this
paragraph.
6. I~ City finds that any of the provisions of tbls
paragraph have been violated, the same shall constitute a
material breach of Agreement upon which City may determine
to cancel, terminate, or suspend this Agreement. Whi 1 e City
reserves the right to determine independently that the
anti-discrimination provisions of this Agreement have been
violated, in addition, a determination by the California
Fair Employment Practices COmmission or the Federal Equal
Employment Opportunity Commission that Contractor has
violated State or Federal anti-discrimination laws shall
constitute a finding ~ City that Contractor bas viOlated
the anti-discrimination provisions of Agreement.
7. The parties agree that in the event COntractor
violates any of the anti-discrimination provisions of this
paragraph, City shall be entitled, at its option, to the 8um
of $500 pursuant to Civil Code Section 1671 a8 liquidated
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damages in lieu of cancelling. terminat.ing. or 8uspending
t.his A9reemen~.
8. Contractor hereby agrees that it will comply with
Section 504 of the Rehabilit.ation Act. of 1973, as amended
(29 USC 794), all requirement.s imposed by t.he applicable HEW
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regulation (45 CFR Part 84), and all guidelines and
interpretations issued pursuant thereto, to the end that no
qualified handicapped person shall, on the basis of
handicap, be excluded from participation in, be denied the
benefits of, or otherwise be subjected to discrimination
under any program or activity of the contractor receiving
Federal Financial Assistance.
17. RECORDS AND REPORTS.
Each and every report., draft, work-product., map, record and
other document reproduced, prepared or caused to be prepared by
Contract.or pursuant to or in connection with this Agreement ahall
be the exclusive property of the City.
The Cont.ractor shall, at such time and in form as the City
may require, furnish such reports concerning the status of t.he
project, such statements, certificates, approvals, and copies of
proposed and executed plans and claims and other information
relative to the project. as may be request.ed by the City. The
Contractor shall furnish the City, upon request, with copies of
all documents and other materials prepared or developed in
relation with or as part of the project.. Working papers -prepared
in conjunction with ~he project will be turned over ~ the City
for safekeeping.
The Contractor shall maintain full and accurate records with
respect to all substantive matt.ers covered under this agreement.
The City shall have free access at all proper times to such
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records, and the right. to examine and audit the same and to make
transcripts therefrom, and to inspect all program data,
documents, proceedings, and activit.ies. All records pertinent ~
this contract shall be retained for three (3) years after the
expiration of this contract.
18. Accomplishment of Project.
The Contractor shall commence, carryon, and complete the
project with all practicable dispatch. in a sound, economical,
and efficient manner, in accordance wi th the provisions t.hereof
and all applicable laws. In accomplishing the project, the
Contractor shall take such steps as are appropriate to ensure
that the ~rk involved is properly coordinated with related work
being carried on in the City.
19. Conflict of Interest.
Contractor covenants that he has no personal, financial or
economic interest, direct or indirect, which will be materially
affected by this Agreement except ~ the extent that he may
receive compensation for bis performance pursuant to the
Agreement. For the purposes of t.his section, an economic. or
financial in~ere8t includeat
(1) Any business entity in which the person has a
direct or an indirect investment w:>rth more than One Thousand
Dollars ($1,000),
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(2) Any real property in which the person has a direct
or indirect interest worth more than On~ Thousand Dollars
( $1 ,000 b
(3) Any source of income, loans or gifts which, when
combined, are worth Two Hundred Fifty Dollars ($250) or more
in value received by or promised to ~he person within twelve
(12) months prior to the ~ime this Agreement was executed:
and,
(4) Any business entity in which 'the person i8 a
director, officer, partner, trustee, employee, or holds any
po si tion 0 f man Agement..
For t.he purpose of this section, direct or indirect interest
means any investment or interest owned by the spouse, parent,
child, brother, sister, father-in-law, mother-In-law,
brother-in-law, sister-in-law, daughter-In-law, 8on-in-law,
or the person, by an agent on his/her behalf, by any business
entity controlled by said person or by a trust in which
he/she has substantial interest. A business entity is
contrOlled by a person if that person, his/her agent, or a
relative, as defined above, possesses more than fifty percent
(50i) of the ownerBhi~ interest.. A person has a substantial
interest in a trust if said person or an above-defined
relative has a current. or future interest worth more than One
Thousand Dollars ($1,000).
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IN WITNESS WHEREOF6 ~be par~ies have caused this Agreement to
be executed on the date. first wri t'ten above. ."..
APPROVED AS TO FORM I
~ Vvt. ~--
R?BERT M. MYERS !
CJ.ty Attorney
Ci ty 0 f Santa Monica,
A Municipal Corporation
CON8UL'l'ANTz
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13-K: FARMERS MARKET ON THE MALL: Presented was the =eq~es~ ~f
Counc~lmember Reed for d~scuss~on of the aud~~ procedures ~~a
repayment of appropriate internal accounts from revenues =ela~ec ~o
the Farmers ~arkat. Councilmember Reed introduced di5cuss~8n a~d
moved that t0e Street Department accounts be reimbursed =o~ t~e
cost of posters and other affiliated costs for the Fa~ers ~arket
from the Fa~ers Mar~et revenues before any revenues acc=~e to t~e
General Fund. Second by Council~ember Jennings. DiscuSSlC~ was
held, ~ncluding participation by Cynthia Wornh~~, manage= or ~he
Farmers Market, who described their proJect and r9sponded to
questions. Counc~lmember Conn moved a substitute motion to refer
the matter (Councilmember Reed's motion) to staff =or a report.
Second by Councilmember Zane. After dlscussion, the substi~~te
motion was approved by ~he follow~ng vote:
Council Vote: Affir.nat~ve: Counc~lma~bers Conn, Edwards,
Jenn~ngs, Press, Zane and
Mayor Yannatta Goldway
Negative:
Counc~lmeMber ~eed
Counc~lmember Conn moved ~o dir~ct staff to 9rov~de CouncLl wi~~ a
complete report on the status of the Far.ners ~arket, pa=ticularly
as it rela~es to other associat~ons with which the C~ty ~s
involved. Second by Councilrnember Zane. After discussion, ~~e
motion was approved by the follow~~g_vote:
Council Vote:
Unanimously approved 7-0
CIrY COUNCIL MI~UTES - JULY 21, 1981
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